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Houston Professional Fire Fighters' Association, Local 341 v. City of Houston

Because the emergency medical technicians program merely assigns cadets, who are properly characterized as "classified fire fighters," to perform functions alongside other classified fire fighters, and the court finds that cadets are not civilians, civilians are not displacing classified fire fighters. Therefore, the EMT program does not contravene Texas Local Government Code Chapter 143. Houston's 1st Court of Appeals, No. 01-03-00582-CV

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OPINION

This is an appeal from a summary judgment rendered in favor of appellees, former Fire Chief Christopher Connealy and the City of Houston (“the City”). Appellants, Houston Professional Fire Fighters Association et al. (“HPFFA”), filed a suit challenging the City’s practice of assigning Houston Fire Department (“HFD”) cadets to ambulance duty in contravention of the Texas Local Government Code, Chapter 143 and the Code of Ordinances of the City of Houston, Section 4-9. On appeal, the issue is whether fire department cadets, by being assigned to HFD ambulances to perform emergency medical services, are performing functions reserved for classified fire fighters, thereby displacing classified fire fighters in contravention of Chapter 143 and Section 4-9. We affirm.

BACKGROUND

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